Bloodvein First Nation tells court it won’t deny hunters access to land

A Manitoba First Nation told court Thursday it won’t deny licensed hunters access to its traditional land when game hunting restarts in December — provided they stick to a no-booze rule.

The Manitoba Wildlife Federation asked the Court of King’s Bench to grant a temporary injunction against a checkpoint set up by Bloodvein First Nation earlier this year.

The First Nation said the blockade was built to prevent the flow of drugs and alcohol into the community. But during the first weeks of game hunting, between September and October, several hunters reported they were denied access to Bloodvein’s traditional land.

The wildlife federation argued the checkpoint is unlawful and impedes access to hunters, who have the right to be there under the province’s Wildlife Act.

Bloodvein’s lawyer, Devon Mazur, told Justice Theodor Bock the First Nation intends to allow hunters past the checkpoint on Dec. 1, when game hunting recommences, granted they do not take alcohol into the community.

The admission took Manitoba Wildlife Federation senior policy adviser Chris Herald by surprise.

“The chief was asked numerous times, their council was asked numerous times: ‘do you intend to let hunters through Dec. 1?’ They wouldn’t make that commitment. So that was a decision made in the courtroom today,” he said. “Had that commitment been made in advance of today’s decision, I think we wouldn’t be here.”

Outside court, Bloodvein Chief Lisa Young said anyone who enter the community has a right to hunt if they have the proper licence.

“Our intention isn’t to deny anyone the ability to sustain themselves, but they, too, shouldn’t deny our ability to sustain ourselves and of our opportunity to hunt in our traditional territory,” she said. “The issue was there was alcohol that was present with these hunters, and whether they’re hunting safely for themselves and for the commuters that come through our area.”

The roadside checkstop was set up at the community’s access road in May, but was moved to Rice River Road, a provincial road, in July after it was discovered contraband was flowing into the First Nation via the river along the road.

Later, Bloodvein said on social media it would start to turn away “outside hunters” over concerns about declining moose populations.

The province imposed 500-metre hunting buffer zones on either side of Rice River Road and Bloodvein River and Namay Falls in September, but hunters continued to be turned away, the wildlife federation said.

“We’re not asking you to take (the checkpoint) down, just allow hunters through it,” wildlife federation lawyer Kevin Toyne told court, saying Bloodvein has no authority to enforce the Wildlife Act. “This is purely a technical objection.”

The wildlife federation’s application asked that the injunction be granted while a judiciary review of hunting exclusion zones is conducted. Mazur argued the two are separate issues, and the federation should have gone to federal court over the matter.

Toyne argued the checkpoint is on a provincial road and is blocking provincially approved access to Crown land, so the matter should be decided in Manitoba.

Lawyers for the provincial government made brief submissions saying it takes no position on the matter, but noted Manitobans should be able to pass freely on provincial roads.

A 2018 provincial study cited by Toyne showed the moose population in the area has been stable over the last 25 years.

Bock is expected to deliver his decision Nov. 27, days before the hunting season reopens.

Bloodvein is located about 280 kilometres north of Winnipeg,

nicole.buffie@freepress.mb.ca